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Court of Appeals Decision
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Last modified
4/27/2017 4:32:35 PM
Creation date
7/21/2015 10:26:44 AM
Metadata
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
Appeal Decision
Document_Date
2/19/2015
External View
Yes
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Cite as 269 Or App 176 (2015) 179 <br />to conditions. Trautman did not receive notice of the hear- <br />ings official's decision, as required under Eugene Code (EC) <br />9.7335(1)(d) and ORS 227.173(4).3 Others appealed the hear- <br />ings official's decision to the Eugene Planning Commission. <br />The commission held a public hearing and, on December 16, <br />2013, issued a final order affirming approval of the PUD <br />with some modifications. Again, the notice of decision was <br />not sent to Trautman, as required by EC 9.7685(1)(d)4 and <br />ORS 227.173(4), nor did Trautman receive notice of the pub- <br />lic hearing. <br />On January 3, 2014, an association of neighbors and <br />several individuals opposed to the development (neighbors) <br />timely filed a notice of intent to appeal (or NITA) the com- <br />mission's final order to LUBA and served copies of the notice <br />pursuant to OAR 661-010-0015(2). OAR 661-010-0015(2) <br />requires that, on or before the date the notice of intent to <br />appeal is required to be filed with the board, it "shall be <br />served on * * * all persons identified in the Notice as required <br />by subsection (3)(f)." Subsection (3)(f), in turn, requires the <br />notice of intent to appeal to identify, among others, "[a]ny <br />other person to whom written notice of the land use decision <br />or limited land use decision was mailed as shown on the gov- <br />erning body's records." OAR 661-010-0015(3)(f)(D) (empha- <br />sis added). Trautman was not included among those served <br />with neighbors' notice of intent to appeal. <br />Subsequently, the city discovered that it had failed <br />to mail the notice of decision to everyone who had partici- <br />pated in the proceedings before the city, and, on February 4, <br />2014, the city mailed notice of the decision to the remaining <br />people who were entitled to receive it, including Trautman.6 <br />In turn, on February 20, 2014, neighbors provided a certifi- <br />cate of service certifying that they had served a copy of their <br />3 EC 9.7335(1)(d) provides that notice of a hearings official's decision must <br />be mailed to "[a]ny group or individual who provided written or oral testimony <br />prior to the close of the public comment period." ORS 227.173(4) provides that <br />"[w]ritten notice of the approval or denial [of a permit application] shall be given <br />to all parties to the proceeding." <br />' EC 9.7685(1)(d) provides that written notice of the planning commission's <br />decision must be mailed to "[a]ny person who provided oral or written testimony <br />in a timely manner during the hearing procedures." <br />e The city mailed the notice to Darian Trautman at 109 Oakleigh Lane, the <br />address provided in Trautman's testimony. <br />
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